This case is one of many about whether fighting was allowed. Fighting was not allowed for Muslims in the beginning and then permission was granted for self defense and finally fighting became mandatory, many scholars believe, by virtue of the sword verse, 5:5.
For this case,
is claimed to have been abrogated by
Jalaal-ud-Deen As-Suyooti mentioned this case casually in his book, "Al-Itqaan fi `Uloom Al-Qur'aan". He does not count it among the twenty he settled on as being valid abrogation cases. Actually, my copy of his book names the abrogated verse as the one containing the words, "الله يحكم بينكم" but I could not find a verse containing these words which also talks about not fighting, so my best guess is that A-Suyooti meant the words, "الله يحكم بينهم
" which is 39:3.
I don't know why As-Suyooti discounts the case as he does not argue it in his book, but I see why rather easily. 39:3 is declarative, does not speak of hostile adversaries and does not prohibit Muslims from fighting the disbelievers, except by implication that it is God who will judge between them, which remains true
, while 22:39 gives permission for fighting back
says the abrogating verse is the sword verse.